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Thank you to everyone who has been contributing links to articles & other content in the Comments section of each day's "Conversation." If you're missing the comments, you're missing some vital links.

Marie: Sorry, my countdown clock was unreliable; then it became completely unreliable. I can't keep up with it. Maybe I'll try another one later.

 

Public Service Announcement

The Washington Post publishes a series of U.S. maps here to tell you what weather to expect in your area this summer in terms of temperatures, humidity, precipitation, and cloud cover. The maps compare this year's forecasts with 1993-2016 averages.

Zoë Schlanger in the Atlantic: "Throw out your black plastic spatula. In a world of plastic consumer goods, avoiding the material entirely requires the fervor of a religious conversion. But getting rid of black plastic kitchen utensils is a low-stakes move, and worth it. Cooking with any plastic is a dubious enterprise, because heat encourages potentially harmful plastic compounds to migrate out of the polymers and potentially into the food. But, as Andrew Turner, a biochemist at the University of Plymouth recently told me, black plastic is particularly crucial to avoid." This is a gift link from laura h.

Mashable: "Following the 2024 presidential election results and [Elon] Musk's support for ... Donald Trump, users have been deactivating en masse. And this time, it appears most everyone has settled on one particular X alternative: Bluesky.... Bluesky has gained more than 100,000 new sign ups per day since the U.S. election on Nov. 5. It now has over 15 million users. It's enjoyed a prolonged stay on the very top of Apple's App Store charts as well. Ready to join? Here's how to get started on Bluesky[.]"

CNN did a live telecast Saturday night (June 7) of the Broadway play "Good Night, and Good Luck," written by George Clooney and Grant Heslov, about legendary newsman Edward R. Murrow's effort to hold to account Sen. Joe McCarthy, "the junior senator from Wisconsin." Clooney plays Murrow. Here's Murrow himself with his famous take on McCarthy & McCarthyism, brief remarks that especially resonate today: ~~~

     ~~~ This article lists ways you still can watch the play. 

New York Times: “The New York Times Company has agreed to license its editorial content to Amazon for use in the tech giant’s artificial intelligence platforms, the company said on Thursday. The multiyear agreement 'will bring Times editorial content to a variety of Amazon customer experiences,' the news organization said in a statement. Besides news articles, the agreement encompasses material from NYT Cooking, The Times’s food and recipe site, and The Athletic, which focuses on sports. This is The Times’s first licensing arrangement with a focus on generative A.I. technology. In 2023, The Times sued OpenAI and its partner, Microsoft, for copyright infringement, accusing the tech companies of using millions of articles published by The Times to train automated chatbots without any kind of compensation. OpenAI and Microsoft have rejected those accusations.” ~~~

     ~~~ Marie: I have no idea what this means for "the Amazon customer experience." Does it mean that if I don't have a NYT subscription but do have Amazon Prime I can read NYT content? And where, exactly, would I find that content? I don't know. I don't know.

Washington Post reporters asked three AI image generators what a beautiful woman looks like. "The Post found that they steer users toward a startlingly narrow vision of attractiveness. Prompted to show a 'beautiful woman,' all three tools generated thin women, without exception.... Her body looks like Barbie — slim hips, impossible waist, round breasts.... Just 2 percent of the images showed visible signs of aging. More than a third of the images had medium skin tones. But only nine percent had dark skin tones. Asked to show 'normal women,' the tools produced images that remained overwhelmingly thin.... However bias originates, The Post’s analysis found that popular image tools struggle to render realistic images of women outside the Western ideal." ~~~

     ~~~ Marie: The reporters seem to think they are calling out the AI programs for being unrealistic. But there's a lot about the "beautiful women" images they miss. I find these omissions remarkably sexist. For one thing, the reporters seem to think AI is a magical "thing" that self-generates. It isn't. It's programmed. It's programmed by boys, many of them incels who have little or no experience or insights beyond comic books and Internet porn of how to gauge female "beauty." As a result, the AI-generated women look like cartoons; that is, a lot like an air-brushed photo of Kristi Noem: globs of every kind of dark eye makeup, Scandinavian nose, Botox lips, slathered-on skin concealer/toner/etc. makeup, long dark hair and the aforementioned impossible Barbie body shape, including huge, round plastic breasts. 

New York Times: “George Clooney’s Broadway debut, 'Good Night, and Good Luck,' has been one of the sensations of the 2024-25 theater season, breaking box office records and drawing packed houses of audiences eager to see the popular movie star in a timely drama about the importance of an independent press. Now the play will become much more widely available: CNN is planning a live broadcast of the penultimate performance, on June 7 at 7 p.m. Eastern. The performance will be preceded and followed by coverage of, and discussion about, the show and the state of journalism.”

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. -- Magna Carta ~~~

~~~ New York Times: “Bought for $27.50 after World War II, the faint, water stained manuscript in the library of Harvard Law School had attracted relatively little attention since it arrived there in 1946. That is about to change. Two British academics, one of whom happened on the manuscript by chance, have discovered that it is an original 1300 version — not a copy, as long thought — of Magna Carta, the medieval document that helped establish some of the world’s most cherished liberties. It is one of just seven such documents from that date still in existence.... A 710-year-old version of Magna Carta was sold in 2007 for $21.3 million.... First issued in 1215, it put into writing a set of concessions won by rebellious barons from a recalcitrant King John of England — or Bad King John, as he became known in folklore. He later revoked the charter, but his son, Henry III, issued amended versions, the last one in 1225, and Henry’s son, Edward I, in turn confirmed the 1225 version in 1297 and again in 1300.”

NPR lists all of the 2025 Pulitzer Prize winners. Poynter lists the prizes awarded in journalism as well as the finalists in these categories.

Wherein Michael McIntyre explains how Americans adapted English to their needs. With examples:

 

Contact Marie

Email Marie at constantweader@gmail.com

Constant Comments

Success is not final, failure is not fatal: it is the courage to continue that counts.

Success is not final, failure is not fatal; it is the courage to continue that counts. — Anonymous

A nation of sheep will beget a government of wolvesEdward R. Murrow

Publisher & Editor: Marie Burns

I have a Bluesky account now. The URL is https://bsky.app/profile/marie-burns.bsky.social . When Reality Chex goes down, check my Bluesky page for whatever info I am able to report on the status of Reality Chex. If you can't access the URL, I found that I could Google Bluesky and ask for Marie Burns. Google will include links to accounts for people whose names are, at least in part, Maria Burns, so you'll have to tell Google you looking only for Marie.

Wednesday
Jun272012

The Commentariat -- June 28, 2012

Here's my column in the New York Times eXaminer. Take the Op-Quiz! The NYTX front page is here.

Ethan Bronner of the New York Times: "Commentators from across the political spectrum have been saying that Justice Scalia, who is the most senior as well as, hands down, the funniest, most acerbic and most politically incorrect of the justices, went too far." ...

... E. J. Dionne of the Washington Post: "Justice Antonin Scalia needs to resign from the Supreme Court.... He really seems to aspire to being a politician -- and that's the problem. So often, Scalia has chosen to ignore the obligation of a Supreme Court justice to be, and appear to be, impartial." ...

... ** Joan Walsh of Salon: Scalia's "brazen partisanship might wake Americans up to the court's increasingly radical political agenda." ...

... Walter Dellinger in Slate: Psst. Nino. This country's states are not sovereign.

... AND the Old Goat Just Made up Stuff. Judge Richard Posner: "... the suggestion that illegal immigrants in Arizona are invading Americans' property, straining their social services, and even placing their lives in jeopardy is sufficiently inflammatory to call for a citation to some reputable source of such hyperbole. Justice Scalia cites nothing to support it." Posner cites some statistics that & assumptions that belie Scalia's argument.

Walter Dellinger on why the Court ruled against the Montana campaign finance case without hearing it: "the court's majority did not want to hear argument on whether in Montana, or anywhere else, independent expenditures can give rise to an appearance of corruption, because the court's conclusion in Citizens United on this point is almost surely wrong. For the majority's point of view, the less said about that, the better.... There is ... no external check on buying offices or other favors from government when money flows through independent committees."

Connor Simpson of the Atlantic: "Attorney General Eric Holder spent the night before his contempt vote mingling with the rest of Congress, including the GOP, at a barbecue for their families on the White House grounds." ...

... President Obama speaks at the barbecue. He seems so relaxed!

... Al Sharpton discusses the upcoming vote on contempt of Congress charges against AG Eric Holder with Rep. Adam Schiff (D-Calif.), columnist Dana Milbank & writer Katherine Eban, whose 6-month investigation for Fortune revealed that Congressional charges about the "Fast & Furious" incident are fictional (Eban's story, also linked yesterday is here):

... Ryan Reilly of TPM: "A day ahead of a vote to find Attorney General Eric Holder in contempt of Congress, House Oversight Committee Chairman Darrell Issa (R-CA) said his committee is no longer even strongly suspicious that highest ranking law enforcement officer in the country knew that guns 'walked' during the botched ATF operation known as Fast and Furious."

... Jonathan Allen of Politico: "The Congressional Black Caucus plans to walk off the House floor during [today]'s votes to hold Attorney General Holder in contempt of Congress, according to a letter being circulated among members of Congress." Thanks to Jeanne B. for the link.

Illustration for Rolling Stone by Victor Juhasz."The Scam Wall Street Learned from the Mafia." Matt Taibbi in Rolling Stone: "... three Wall Street wiseguys spent the past decade taking part in a breathtakingly broad scheme to skim billions of dollars from the coffers of cities and small towns across America. The [big] banks achieved this gigantic rip-off by secretly colluding to rig the public bids on municipal bonds, a business worth $3.7 trillion. By conspiring to lower the interest rates that towns earn on these investments, the banks systematically stole from schools, hospitals, libraries and nursing homes -- from 'virtually every state, district and territory in the United States,' according to one settlement. And they did it so cleverly that the victims never even knew they were being ­cheated." When they were caught, the banks accepted fines, but government entities go "right on handing [them] billions of dollars in public contracts."

Making The Da Vinci Code a Reality. Adele Stan of AlterNet: "The pope's new PR strategist not only hails from Fox News; he belongs to the secretive Opus Dei society and lives in an all-male house cleaned by women members." Stan looks at the little distractions Greg Burke is supposed to cover up put in a favorable light.

Julian Borger of the Guardian: "A landmark case brought by a former United Nations employee against the UN secretary general, Ban Ki-moon, has cast light on what activists describe as a pervasive culture of impunity in an organisation where whistleblowers are given minimal protection from reprisals. James Wasserstrom, a veteran American diplomat, was sacked and then detained by UN police, who ransacked his flat, searched his car and put his picture on a wanted poster after he raised suspicions in 2007 about corruption in the senior ranks of the UN mission in Kosovo (Unmik)."

Local News

"War on Voting." Julian Brookes in Rolling Stone: "[Wednesday] This afternoon, the New Hampshire Legislature successfully overrode Gov. John Lynch's [D] veto of a voter ID law requiring voters to present driver's licenses, state-issued non-driver's identification cards, passports or military IDs before casting a ballot, though it doesn't come fully into force until after the November election. In Michigan, Republican Gov. Rick Snyder looks likely any day now to sign a bill requiring volunteers to attend state-approved training sessions before they can register voters.... The bill makes no provision for training sessions! Not only that, but volunteers have to have to sign an affidavit making them liable for registration offenses -- offenses that aren't specified! The bill is basically a copy a Florida law, parts of which a federal judge shot down in May, saying they had 'no purpose other than to discourage' voting."

As Marvin Schwalb said in commentary here some while back, New Jersey Gov. Chris Christie's (R) numbers don't add up. But as Kate Zernike of the New York Times reports, Christie is doubling down on his fantasy numbers. He "derided the director of the nonpartisan office who downgraded the revenue estimates as a partisan hack, a 'Dr. Kevorkian of the numbers.' ... He promises to flog Democrats 'all long, hot summer' in town-hall-style meetings.... At a town-hall event on Tuesday..., Mr. Christie referred to [Paul Sarlo, the Democratic chairman of the Senate Budget Committee,] with a profanity.” CW: Christie called Sarlo "an arrogant S.O.B." Video here.

News Ledes

Guardian: "WikiLeaks founder Julian Assange has been served with a police letter saying he has to present himself to a London police station on Friday. Assange has been seeking political asylum inside Ecuador's embassy in London since last week as he tries to avoid extradition to Sweden, where he is wanted for questioning about alleged sex offences."

Contemptible Contempt. Washington Post: "The House of Representatives voted Thursday to make Attorney General Eric H. Holder Jr. the first sitting attorney general to be held in contempt of Congress for withholding documents requested as part of a congressional investigation into a botched gun-running operation. On a vote of 255 to 67, the Republican-led House successfully sanctioned Holder for failing to cooperate with an ongoing probe into Operation 'Fast and Furious' ... On a separate vote, lawmakers voted 258 to 95 to approve a civil contempt charge against Holder." ...

... Washington Post: "The House plans to vote Thursday on whether Attorney General Eric H. Holder Jr. should become the first sitting attorney general to be held in contempt of Congress for withholding documents requested as part of a congressional investigation into Operation 'Fast and Furious.'"

For News Ledes related to the Supreme Court's decision on the Affordable Care Act, see the next entry forward -- "ObamaCare."

Murdoch Steps Aside. From the Guardian liveblog: "The surprise in News Corp's announcement is that Rupert Murdoch will, for the first time in 60 years, not directly run the company's global stable of newspapers. He will be chairman of the new publishing business, but that is likely to be seen as a ceremonial role compared with his close involvement with his newspapers in the past."

Savvy Businessmen, My Ass. New York Times: "Losses on JPMorgan Chase's bungled trade could total as much as $9 billion, far exceeding earlier public estimates, according to people who have been briefed on the situation."

New York Times: "Some 26,000 people were forced to evacuate late Tuesday when the Waldo Canyon [Colorado Springs, Colorado] fire, as the blaze is known, exploded without warning -- just a day after officials reported making progress on it.... President Obama planned to survey the damage on Friday." The Denver Post front page currently links to numerous stories on the fires.

New York Times: "Overcoming lingering historical animosities with its former colonial master, South Korea said on Thursday that it would sign a treaty with Japan that would encourage the sharing of sensitive military data on their common concerns: North Korea's nuclear and missile threats and China's growing military expansion in the region."

Reuters: "Apple Inc's suppliers in China have violated local labor laws when they imposed excessive overtime and skimped on insurance, a New York-based labor rights group, [China Labor Watch,] said."

New York Times: "On Friday, Peter Madoff -- more than three years after his brother, Bernard, confessed to running a vast Ponzi scheme that swindled investors out of billions of dollars -- is expected to appear in Federal District Court in Manhattan and plead guilty to criminal charges, according to prosecutors."

Tuesday
Jun262012

The Commentariat -- June 27, 2012

My column in today's New York Times eXaminer is a review of today's New York Times op-ed page. It's short. The NYTX front page is here.

"Five Signs the U.S. Is Undergoing a Coup." Jim Fallows of the Atlantic elaborates on a post he wrote (& I linked) last week. Thanks to Dave S. for this link. (Fallows changed the title of his post; I like the more imprudent one.)

Bernie Sanders & Ed Schultz on more-or-less the same subject:

... ** Continuing That Theme. Paul Krugman & Robin Wells review three books & mention a fourth in the New York Review of Books. Bottom line: "President Obama bears some of the blame...; he chose to listen to the wrong people, and arguably missed his best chance to turn the economy around. (Just to be clear, this isn't a suggestion that Mitt Romney would do better.... If he wins, he will make a bad situation much, much worse.) But ultimately the deep problem isn't about personalities or individual leadership, it's about the nation as a whole. Something has gone very wrong with America, not just its economy, but its ability to function as a democratic nation. And it's hard to see when or how that wrongness will get fixed."

Get off the Dime, Ben! New York Times Editors: with politicians refusing to act, the U.S. Federal Reserve & the European Central Bank must step in to rescue the economy.

** NEW. Katherine Eban in Fortune: "AFortune investigation reveals that the ATF never intentionally allowed guns to fall into the hands of Mexican drug cartels. How the world came to believe just the opposite is a tale of rivalry, murder, and political bloodlust." ...

... Jonathan Weisman of the New York Times: "The National Rifle Association has joined a Republican push to make Attorney General Eric H. Holder Jr. the first sitting cabinet member to be held in contempt of Congress, turning a once obscure fight over a gun-smuggling investigation into a proxy war over gun control.... The N.R.A. is pressing to win Democratic votes...." CW: Gail Collins has wondered out loud what the NRA would do now that it has everything it wants. Well, here's her answer -- meddling in stuff only peripherally related to gun laws. Next up, they'll be scoring defense budget votes. And so forth.

The GOP Alternative to ObamaCare = Nothing. Jake Sherman of Politico: "Republicans still have only one thing in mind when it comes to President Barack Obama's health care law: full repeal. If the Supreme Court wholly or partially strikes down the law on Thursday, House Republicans won't rush to pass a bill that allows young adults under 26 to stay on their parents' insurance. They won't pass legislation forcing insurance companies to cover people with pre-existing conditions. And the gap in drug coverage that requires seniors to pay more out of pocket -- the so-called donut hole -- won't immediately be closed." ...

... NEW. The Democratic Alternative. Brian Beutler of TPM: "The progressive activists who put the public option at the heart of the health care reform debate in 2009 and 2010 will return in 2012 to press Democrats to back a single-payer ["Medicare for All"] system if the Supreme Court throws out the Affordable Care Act on Thursday."

Harold Meyerson of the Washington Post: Justice "Alito's ruling [in Knox v. SEIU] struck at the heart of American unionism. By laying the groundwork for creating a right for nonmembers to avoid dues payments, he came close to nationalizing the right-to-work laws that 23 states have adopted.... As [Justice] Sotomayor noted in a somewhat astonished dissent [Justice] Ginsburg and Justices Stephen Breyer and Elena Kagan dissented on this point as well), this wasn't the question before the court. Neither side had argued that issue in their briefs or oral presentations.... Knox creates a legal disparity between [corporations & workers]: a worker's free-speech right entitles him to withhold funds from union campaign and lobbying activities, but not the value of his work from the company's similar endeavors." Meanwhile, "In the world according to Nino, Arizona has the rights of a nation-state, but Montana must submit to the Gang of Five. You're sovereign when Scalia agrees with you; you're nothing when he doesn't."

... CW: P. D. Pepe made me read that Janet Malcolm article on confirmation hearings, which featured the loathsome Sam Alito. Service on the Court has not mellowed him; I think you have to read both this and this to understand what's behind Alito's hissy-fit Monday, in which he read his dissent from the bench, on the Court's decision invalidating general and mandatory life sentences without parole for juvenile murderers. The law that so agitated Alito is one that is not even controversial. And Alito more than likely applied the very reasoning that so riled him yesterday to his rationale for striking down the ACA (which we'll know for sure Thursday).

CW: While I'm on my soapbox, there an important aspect of the dissenting opinion that I don't think any commentators have developed. That is Chief Justice Roberts' argument that mandatory sentencing of juveniles can't be "cruel & unusual" because so many states do it. (Here's conservative tut-tutter George Will agreeing with that thinking.) As far as I know (and I well may be wrong), this is the first time a member of the Court has separated out "unusual" as a standard for application of the Eighth Amendment. For instance, FindLaw notes that "No universal definition [of "cruel and unusual punishment"] exists, but any punishment that is clearly inhumane or that violates basic human dignity may be deemed 'cruel and unusual.'" By this standard, the death penalty could never be declared unconstitutional because it is legal under federal and many state laws. What Roberts is doing and Will is popularizing, as I see it, is creating a new definition of "cruel and unusual" which would severely restrict application of the Eighth Amendment. In fact, the best way for states to get away with treating people inhumanely would be to do it a lot. So. Pepper-spraying protesters? Can't be "cruel and unusual" because cops are doing it everywhere! See Fallows above, re: coup.

Juliet Lapidos of the New York Times: "A new study from the Institute on Taxation and Economic Policy shows what liberals have always suspected: States that don't impose an income tax are not more competitive. No income tax? No boost. Drawing from the study, Bloomberg News reports that 'the nine states with the highest personal income taxes on residents outperformed or kept pace on average with the nine that don't tax their residents' incomes.'"

Presidential Race

Finally, a Public Opinion Poll That Matters. M. J. Lee of Politico: "The majority of Americans, nearly 65 percent, say Obama is better suited than Romney to handle an alien invasion, according to a new National Geographic Channel poll."

Charles Pierce thinks President Obama's stump speech -- and its message -- are not nearly enough.

Jared Favole of the Wall Street Journal: "Vice President Joe Biden on Tuesday continued the Obama campaign's attacks on Mitt Romney's business career, saying to a group of union workers that the presidential hopeful is good at creating jobs -- but only overseas, not in the U.S."

Justin Sink of The Hill: "Presumptive Republican presidential nominee Mitt Romney argued Tuesday that if the president's signature healthcare legislation was overturned Thursday by the Supreme Court, it would mean that President Obama's first term was a waste." With video.

Right Wing World

NEW. Orrin Hatch -- RTP, Utah. Dave Weigel of Slate argues, correctly I think, that the Tea Party really won in Utah. Yes, Orrin Hatch won the primary (and will win re-election), but a Freedom Works spokesman boasted of "the 180-degree change in Senator Hatch's votes and rhetoric over the past two years."

Jonathan Bernstein in the Washington Post: "This week in crazy? We have Darrell Issa endorsing a completely nutso theory that Fast and Furious was all a plot to rally people around gun control.... And then Jon Kyl today raised impeachment as a remedy to Barack Obama's new plans for enforcing immigration policy.... This kind of thing did not happen on a regular basis when George W. Bush was president."

Left Wing World

Admittedly, this is a Politico production, but there's definitely some truth to it:

Local News

Iowa, Where Voting Is a "Privilege," Not a Right. Ed Kilgore of Washington Monthly: Iowa "is exhibiting one of the boldest exercises in tilting the ballot box, via Gov. Terry Branstad's [R] determination to reduce the restoration of voting rights for ex-felons to a number closely approximating zero.... There's not a question in my mind that these people would reinstitute poll taxes if the courts and Grover Norquist would let them."

News Ledes

Bloomberg News: "Republican and Democratic congressional leaders are weighing whether to delay automatic federal spending cuts until March 2013, according to a House aide and industry officials who were briefed on the discussions."

New York Times: "Attorney General Eric T. Schneiderman of New York has begun investigating contributions to tax-exempt groups that are heavily involved in political campaigns, focusing on a case involving the U.S. Chamber of Commerce, which has been one of the largest outside groups seeking to influence recent elections but is not required to disclose its donors."

Los Angeles Times: Stockton, California "will become the nation's largest city to seek protection under the U.S. bankruptcy code after its City Council on Tuesday stopped bond payments, slashed employee health and retirement benefits and adopted a day-to-day survival budget. City Manager Bob Deis ... is expected to file bankruptcy papers immediately."

AP: "A stubborn and towering wildfire jumped firefighters' perimeter lines in the hills overlooking Colorado Springs, forcing frantic mandatory evacuation notices for more than 9,000 residents, destroying an unknown number of homes and partially closing the grounds of the sprawling U.S. Air Force Academy." The front page of the Denver Post currently has links to numerous stories about the fire.

Washington Post: "More than 7 million college students could be spared higher loan rates under a deal reached Tuesday by Senate leaders. The agreement would freeze the interest rate for a year, preventing it from doubling from 3.4 percent to 6.8 percent on July 1.... The proposal's passage will be contingent upon an embrace from the GOP-held House...."

New York Times: Two lawsuits are challenging the lack of air-conditioning in most Texas state prisons, claiming a violation of the Eighth Amendment's prohibition against cruel & unusual punishment.

AP: "Gunmen raided the headquarters of a pro-government Syrian TV station early Wednesday, killing seven employees, kidnapping others and demolishing buildings, officials said. The government blamed terrorists and described the killings as a 'massacre.'"

Guardian: "Anglo-Irish relations took a momentous step forward on Wednesday when the Queen [Elizabeth II] shook hands with Sinn Féin's Martin McGuinness. The historic encounter between the former IRA commander - now Northern Ireland's deputy first minister - and the Queen was unthinkable a little over 10 years ago. But the success of the peace process and the Queen's acclaimed visit to the Republic of Ireland last year ... paved the way for their meeting."

AP: "Assailants attacked the offices of Microsoft in Athens, [Greece,] early Wednesday, driving a van through the front doors and setting off an incendiary device that burned the building entrance, police said."

Monday
Jun252012

Los Supremos

My column in today's New York Times eXaminer is on publisher & chairman Arthur Sulzberger, Jr.'s control of the New York Times editorial page. The NYTX front page is here. ...

... I especially recommend this commentary on Apple employment practices by Lawrence Mishel of the Economic Policy Institute and the underlying article by David Segal of the New York Times.

RE: Janet Maslin's New Yorker article on Supreme Court confirmation hearings that contributor P. D. Pepe mentions in the Comments, I think you can read it here. It is subscriber-firewalled, but the firewall appears to have been lifted. You have to increase the image size & cursor around the pages.

Arizona v. U.S. -- Immigration Enforcement.

Lyle Denniston of SCOTUSblog: "In sum, that opinion barred Arizona from enforcing three provisions of its controversial anti-immigrant law, S.B. 1070, and put off a constitutional reckoning on a fourth provision. But beyond those bare conclusions, the [Anthony] Kennedy opinion was a strong victory for the notion that immigration policy, under the Constitution and federal laws, is for the federal government, not for the individual states, including those on the borders most affected by illegal entry." Denniston explains the details of this complicated ruling: He also comments on Justice Antonin Scalia's dissent, which he wrote

... was just short of a political talking-points document, essentially choosing up sides in this year's presidential campaign -- indeed, it took sides in a week-old development in the ongoing political controversy over how President Obama is using his powers. That opinion ... reached far outside the record of the case to find reasons to denounce the Obama Administration for supposedly not even wanting 'to enforce the immigration laws as written.' Even for a judge who wears his sentiments on the sleeve of his robe, this was remarkable, and not one of his colleagues would sign on to those remarks.

Dahlia Lithwick of Slate finds the first good argument against cameras in the courtroom: Justice Kagan "continued to look uneasy as Scalia went on scolding Justice Kennedy." Kennedy seemed unperturbed.

Prof. Paul Campos in Salon: Scalia's dissent was "written by a man who obviously no longer cares that he sounds increasingly like a right-wing talk radio host rather than a justice of the Supreme Court, and that his dissents are starting to read more like hastily drafted blog posts than sober judicial opinions. Like many a graying eminence, Scalia is becoming a caricature of his younger self. This is a serious problem, given that the Supreme Court continues to devolve into an institution dominated by cranky senior citizens, who are harder to get rid of than the longest-serving members of the old Soviet politburo. Indeed, Scalia seems headed down the path previously trod by those justices who clearly didn't know when to hang up their robes."

Nadine Zylberberg of the New Yorker dishes up some bon mots from earlier Scalia dissents. They're quite amusing & prove the truism that one can be simultaneously smart & crazy.

Walter Dellinger in Slate: "What is striking to me about the court's decision in the Arizona immigration case is what a total victory this decision was for the U.S. government and for the solicitor general. Press coverage that leads with the notion that the court upheld the 'key provision' or suggesting that the overall outcome was a 'split verdict' seems way off base to me. The feds won."

"Winning Arizona." Alex Koppelman of the New Yorker: The suit became "something of a referendum on the President's recent decision to use the force of 'prosecutorial discretion' to implement his own version of the DREAM Act.... And Obama won that referendum. 'Discretion in the enforcement of immigration law embraces immediate human concerns,' Justice Anthony Kennedy wrote for the majority. 'The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service.'"

Statement from the President.

Victory! Dana Milbank: Arizona Gov. Jan Brewer, who signed S.B. 1070 into law & strongly advocated for it, was evidently totally unable to understand the ruling, and put out a statement declaring victory. ...

... M. J. Lee of Politico: "Just hours after hailing the Supreme Court's ruling on Arizona's immigration law as a 'legal victory' for her state, Gov. Jan Brewer changed her tone, accusing the Obama administration of telling her state to 'drop dead.' ... The Obama administration announced that it was revoking agreements with Arizona police over the enforcement of federal immigration laws."


American Tradition Partnership v. Bullock
-- the Montana Campaign Finance Law.

David Firestone of the New York Times: "The justices ... must be aware of the transformation of American politics that followed their Citizens United decision in 2010. They have watched as hundreds of millions of special-interest dollars flowed into super PACs, and into secretive advocacy groups that violate the court's own preference for disclosure. But ... when the court had an opportunity to reconsider its application of Citizens United..., the court's five conservative justices struck down -- without oral argument -- a Montana law that prohibited corporate spending in elections.... It's hard not to conclude that the conservative justices ... are quite content with the domination that big money is giving to business interests in this year's races."

E. J. Dionne: "Will everyone please finally admit that conservatives actually don't care a whit about states' rights unless invoking states' rights happens to be helpful to the conservative agenda? ... Breyer wrote..., 'Montana's experience, like considerable experience elsewhere since the Court's decision in Citizens United, casts grave doubt on the Court's supposition that independent expenditures do not corrupt or appear to do so.' ... A Supreme Court nominee named John Roberts ... said during his confirmation hearings that the court should be wary of overturning precedent and should pay attention to factors 'like settled expectations, like the legitimacy of the court, like whether a particular precedent is workable or not, whether a precedent has been eroded by subsequent developments.' ... It's a shame that the current Chief Justice Roberts has so little in common with the John Roberts who testified before the Senate."

"Corrupt Practices" Wins Again. Andrew Leonard of Salon: "Corporate profits are at an all-time high, while wages are at an all-time low. This kind of thing doesn't happen by accident. It requires sustained pressure over time; changes in the tax code and labor laws, decisions by courts. It is the result of billion of dollars worth of lobbying. It represents one of the greatest capitalist success stories of the modern age -- the near complete subversion of a democracy to serve corporate interests. And it's getting worse all the time -- a process exacerbated by Citizens United."

Alex Altman of Time: "... if you oppose Citizens United, the summary reversal is probably a good thing. There is, as [Justice Stephen] Breyer noted, little indication that any of the conservative justices who reshaped U.S. election law through Citizens United are currently inclined to change their minds on the merits of the case, regardless of the consequences that have manifested.... Had the Court taken the case now, the likeliest result would have been for Citizens United to be upheld or extended.... That would make it harder for a Court with a more liberal bent to undo or alter the law going forward."


Miller v. Alabama
-- Youthful Murderers.

Lyle Denniston of SCOTUSblog: "At a minimum, any life-without-parole sentence for an adolescent murderer will get very heavy scrutiny if it goes to the Supreme Court. Indeed, the Court said it expects such a sentence to be uncommon from here on." The opinion, written by Justice Elena Kagan, is here (pdf).


In an interview with Gail Sheehy for the Daily Beast, Bill Clinton makes the case for Democrats -- way better than Republicans for the economy, for jobs & for health care; he spells out the consequences of the ACA being struck down. Clinton is still a closer; you'd buy a used car from the guy.

Presidential Race

Trip Gabriel & Helene Cooper of the New York Times: "The Supreme Court's decision on Arizona's strict immigration law gave President Obama another shot at energizing Latino voters, while Mitt Romney defended states' aggressive efforts to fight illegal immigration." CW: the article is pretty interesting; the Supremes did not help Romney today, nor did he help himself, but I'm afraid his friends on the Court will be way more helpful Thursday.

Michael O'Brien of NBC News: "Mitt Romney's campaign is weathering increasing media scrutiny of the candidate's stubborn refusal to address major issues..., threatening to transform a standoff with the media into an issue in itself in the campaign. The latest example: [Romney's] ... general refusal to opine directly on today's Supreme Court decision striking down many aspects of Arizona's tough immigration law.... Romney's statement sidestepped the decision itself in an initial written statement, and turned its scrutiny toward President Obama."

"The difference between 'outsourcing' and 'offshoring' ..."

** James Downie of the Washington Post recaps three articles about Mitt Romney & Bain Capital -- all of which we've linked here in previous days. "The Romney of Bain Capital had little time for anything beyond profits. Efficiency and the bottom line ruled. Who cared about the jobs lost, the livelihoods destroyed and the lines crossed, as long as Bain got its money?" Downie equates the fired employees to voter-citizens and Bain investors to his big-money donors today. "If his record as a business leader is any indication, don't think for a moment President Romney will put your vote, or our laws, above his investors." ...

... CW: a couple of stories I read about Romney's weekend lalapalooza for donors in Park City, Utah, noted how comfortable Romney seemed schmoozing with his fatcat friends. If you wonder why Romney is -- by contrast -- so ill-at-ease among us hoi polloi, I'm pretty sure I know: he is afraid he'll inadvertently reveal that he plans to run roughshod over our pitiful little lives. It isn't that he is ashamed of this; he sees nothing wrong with ruining the lives of millions, but he knows he needs to hoodwink us to get what he wants.

Kelly Cernetich of Politics, PA: "Pennsylvania State "House Majority Leader Mike Turzai (R-Allegheny) suggested that the House's end game in passing the Voter ID law was to benefit the GOP politically.... 'Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done.' The statement drew a loud round of applause from the audience.... Critics ... called it an admission that [Republicans] passed the bill to make it harder for Democrats to vote -- and not to prevent voter fraud as the legislators claimed." Via Greg Sargent. CW: No kidding. Looks like grounds for a lawsuit.

Other Stuff That Matters

Paul Fahri of the Washington Post: "Major news outlets, print and TV, turn mainly to male sources for their take on abortion, birth control and Planned Parenthood, according to a study by 4th Estate, a research group that monitors campaign coverage. Women don't even rate as the most common sources for reports about 'women's rights,' a catch-all category that excludes reproductive issues, the group said. Women accounted for ... 31 percent of the sources in these reports, with men in the majority, 52 percent, and institutions and organizations comprising the balance. On some topics, such as abortion, men were four to seven times more likely as women to be the ones offering an opinion." At one point in his report, Fahri notes, "Yes, I -- a man -- consulted another man for his opinion on why women's views aren't sought out by media types on women's issues."

Brian Vastag of the Washington Post: "The 2010 BP oil spill accelerated the loss of Louisiana's delicate marshlands, which were already rapidly disappearing before the largest oil spill in U.S. history, a new study reports. As the oil washed into the marshlands, it coated and smothered thick grasses at their edge. When the grass died, deep roots that held the soil together also died, leaving the shore banks of the marshlands to crumble...."

News Ledes

New York Times: "Surviving one of the toughest re-election fights of his career, Representative Charles B. Rangel fended off four challengers on Tuesday to win the Democratic nomination for a 22nd term in Congress."

New York Times: "Senator Orrin G. Hatch, a six-term Utah Republican, fended off a primary challenge from a Tea Party-backed insurgent candidate on Tuesday, a result that showed the power of money, organization and incumbency to overcome grass-roots anger at the Washington establishment."

New York Times: "Nora Ephron, an essayist and humorist in the Dorothy Parker mold (only smarter and funnier, some said) who became one of her era's most successful screenwriters and filmmakers, making romantic comedy hits like 'Sleepless in Seattle' and 'When Harry Met Sally,' died Tuesday night in Manhattan. She was 71."

** Washington Post: 'The University of Virginia governing board voted unanimously Tuesday to reinstate Teresa Sullivan as president, more than two weeks after board leaders had forced her to resign. The board's vote to rescind Sullivan's June 10 resignation completed an unprecedented cycle of events at U-Va. that had plunged the state flagship university into political chaos, with 16 days of mass protests, no-confidence votes and talk of mass faculty defections."

Politico: "In a surprisingly sweeping win for the Obama administration's climate policies, a federal appeals court said Tuesday that the EPA is 'unambiguously correct' in the legal reasoning behind its regulation of greenhouse gases. The Court of Appeals for the D.C. Circuit strenuously backed the EPA's finding that the climate-altering emissions pose a danger to the public health and welfare. It also upheld the agency's early requirements for vehicles and new industrial plants while rejecting every challenge brought by a host of industry groups, states and other critics."

AP Item: "A top EU official is calling for countries that use the euro to grant a European authority the power to demand changes to their national budgets as part of a grand vision to save the currency. Other ideas in the plan, published Tuesday by European Council President Herman Van Rompuy on the council website, include issuing medium-term debt backed by all countries and a banking union with a single authority that would insure banking deposits and have the power to recapitalize banks directly." ...

     ... Update: the New York Times' full story on the proposal.

Washington Post: "NATO on Tuesday condemned the downing of a Turkish jet by Syria as 'completely unacceptable,' and Turkey put Syria on notice that it would retaliate for any future violations along its border."

Wall Street Journal: Rupert Murdoch's "News Corp. is considering splitting into two companies, separating its publishing assets from its entertainment businesses. The split would carve off News Corp.'s film and television businesses, including 20th Century Fox film studio, Fox broadcast network and Fox News channel from its newspapers, book publishing assets and education businesses...." ...

     ... New York Times Update: "Top executives at News Corporation will meet on Tuesday to discuss a potential breakup that would sever the media company's underperforming newspapers from its lucrative entertainment assets. The spinoff, which could be announced as early as this week, comes as News Corporation's newspapers, once the foundation of Rupert Murdoch's $50 billion media empire, face financial strain and a decline in print advertising." ...

     ... New York Times Update 2: "The spinoff proposal will be reviewed by the News Corporation board on Wednesday and a decision to split up the company could be made as early as Thursday."

"NBC News has obtained a copy of a seven-page letter from House Oversight Chairman Darrell Issa to Barack Obama that raises the stakes in the stand-off between Congress and the attorney general."